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I’m a retired district attorney and a retired judge, and I, President Donald Trump, am moving toward grand jury indictments on two fronts.
First, the Committee’s Jan. 6 hearings will conclude with a request for indictment. And the shocking search for Trump’s house will give prosecution enthusiasts fodder for a claim.
Never think that the probability of a final conviction for thief in any of the cases is almost 0 or that Trump’s accusation divides the country.
Along with the Jan. 6 Committee’s rush to indict is the search warrant debacle, where the Trump family’s home raided through Federal Bureau of Investigation agents.
The search was based on a dubious order signed through an approved ruling on who disqualified himself because of his complaint beyond Trump on social media.
The Justice Department then asked the same opinion to seal the affidavit so that it would be highly unlikely whether or not there was probable cause for the record.
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As a trial judge, I signed search warrants and heard motions to quash them and recognize that it is not an unusual tactic to “hide the bullet” from the prosecution, claiming that opening the affidavit would jeopardize an ongoing investigation and release confidential informants.
In this case, the dictation of the sentence unseals the affidavit, but only after authorizing the Decomposition of Justice to blacken part of it, which is part of the game.
The fatal flaw of Trump’s accusation in either case is that every advised crime requires evidence beyond a moderate doubt of a specific intellectual state, such as intent, knowledge, or belief. This will be almost to try.
Members of the Jan. 6 Committee know this, so they will expand the hearings for as long as imaginable and then pressure the Justice Department to cash in. This would result in long delays for the hearing of the programs and the appeal of the decisions. The Committee’s long-term purpose is to politically paralyze Trump so that he cannot remain a viable candidate in the 2024 presidential election.
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There are agreed, though not written, moral criteria for prosecutors. First, you deserve to never engage in fraudulent proceedings unless you can plead guilty beyond a moderate doubt before a jury. It is immoral to seek accusations only for advertising, harassment or political ends. Attorney General Merrick Garland is the country’s leading prosecutor and deserves to act as such. He knows that there are moral criteria for prosecutors and that he deserves to respect them.
The Jan. 6 hearings and warrant-seeking proceedings would possibly target grand juries, but will a grand jury indict regardless of the evidence presented?As a district attorney, I have pleaded with grand juries and received indictments from them.
I know there’s a basis for the ironic adage “a grand jury would rate a ham sandwich if asked. “As at the Committee’s hearings on 6 January, neither the suspect nor his lawyer can appear, there is no cross-examination of witnesses, rumours and other inadmissible evidence are allowed at trial, and the prosecutor does want to reveal exculpatory evidence.
At the end of the Jan. 6 hearings, his committee will ask for indictments. And a slew of Justice Department lawyers will maneuver to play a role in the historic indictment and trial of a former president. It’s a matter of dreams, the fast track. to prestigious partnerships with law firms, federal judicial offices and elected mandates.
Any resolution to impeach Trump will have to come from above, Attorney General Merrick Garland. If he obeys the classic code of ethics of prosecutors, he will reject the Committee’s January 6 indictment request. And he will also resist the arguments of his lawyers at the Justice Department for the same thing.
If Garland chooses the moral path and refuses to pursue accusations, he will earn respect for hitting the director above politics.
If he doesn’t, Donald Trump will be indicted.
David Minier is a retired district attorney for Santa Barbara and Madera counties and a retired judge of Madera County, California.
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